Losing a loved one can be one of life’s most devastating experiences. The grief and pain can feel unbearable, especially if the death was preventable.
While no amount of money can truly compensate for such a profound loss, New Mexico allows surviving family members to pursue a wrongful death claim against those responsible. This legal action may provide a sense of justice and much-needed financial support during a tough time.
However, residents must understand that these claims are subject to stringent time limits known as the statute of limitations. Here’s what you need to know.
Filing a wrongful death claim in the state
New Mexico state law allows certain family members to pursue a claim when their loved one dies due to someone else’s improper conduct or negligence. If the claim is successful, the court can order the responsible party to pay damages to compensate for the deceased person’s suffering leading up to their death.
However, not just anyone can initiate a wrongful death claim in New Mexico. Only certain relatives, such as the spouse, children, grandchildren or other immediate family members, have this right. If a personal representative manages the deceased person’s estate, they may also initiate the claim.
If you are considering filing this claim, it is essential to act quickly. In the state, the statute sets a strict three-year time limit from the date of your loved one’s death to initiate legal proceedings.
Seeking compensation after the preventable death of a loved one
The death of a loved one can be heartbreaking, but it can be even more devastating when it is caused by someone else’s negligence or wrongful actions. While pursuing a legal claim cannot undo the tragedy, it may provide you and your family with financial relief.